AVN received the following e-mail, which addresses some concerns from the adult community, after which AVN Senior Editor Mark Kernes responds:
"My name is [Webmaster]. I found out about your organization from [Website]. This was in response to a posting I did about the new 2577 regulations three weeks ago. I went to your website to check it out and see if I could become a member. I couldn't do that online. I then sent several emails to the Executive director. That was two weeks ago. I tried calling as well, but the phone just rang and rang."
"Now I find that you have brokered a deal with the Justice Department for your members only! This is despicable! Especially since your office is not taking any calls, not allowing memberships to be done online and are not responding to emails!"
"What gives?!?!?!"
"I run a small retail website for the gay community. I was trying to set up further services on my site when my host informed me of the new regulations. I am angry that I cannot get anyone in your office to call me back! Now the only people who you are trying to protect are your members! So much for your ideals of free speech!"
"Please have someone on your board or in your office contact me please!"
Kernes responds:
"Dear Sir,"
I am not an attorney, but I believe I have some insight into your concern. In the law, as a general rule, an attorney cannot represent someone who is not his/her client. The attorney/client relationship is an important one, and there is much case law about it, but one thing is clear, that relationship must exist before an attorney can perform any legal services for someone."
"It is TYPICAL, in legal proceedings such as a motion for a temporary restraining order, that if such a motion is granted, that the order applies ONLY to the parties to the litigation. This is the RULE, not the exception. If you believe that is not the case, I suggest that you consult your own attorney; he/she will tell you the same thing. Of course, if the Justice Department were generous, it would not oppose extending the prohibitions in the order to non-parties, but as you may have noticed, the Justice Department has not been disposed to generosity for the past few years."
"As for your inability to contact FSC, if you had been reading the adult chat boards, AVN.com or myriad other sources, you would know that since the preliminary injunction which was agreed to by the parties yesterday (and at this writing is still unsigned by the judge) covers ONLY the plaintiffs and any members of the plaintiff organizations PLUS persons and entities who become members before 2 p.m. on June 25 — THIS SATURDAY — there has understandably been a sudden interest on the part of some adult industry members to obtain FSC membership. The fact that so many who could have joined years ago but did not do so are just 'getting religion' now is worth comment at some other time — and rest assured, I among others will do so — but it is that sudden interest which is preventing your being able to contact FSC, likely until sometime after 2 p.m. Saturday. However, you can still join the organization by phoning 800.681.0403 and providing your credit card information. If you are an adult businessperson, you would be wise to do so."
